Draper v. Phelps’s Empirical Analysis

Citation profile

4 federal appellate · 5 district · 9 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The State has a compelling interest in preventing frivolous and fraudulent candidacy by persons who have had no previous exposure to the problems and desires of the electorate of a representative district. The Court knows of its own knowledge that this problem has existed for many years. Absent a durational residency requirement ‘carpet bagger’ candidates who have no desire, as agents or representatives of the district, genuinely to acquaint themselves with the problems of a representative district and.conscientiously strive for the solution thereof in the legislative halls, can be candidates. “The State also has a compelling interest in requiring that those who expect to stand for the office of State Representative take the matter seriously and make plans for their candidacy in advance of the election date. Serious candidates do usually have well-laid plans fashioned over a period of time. The great majority of state representatives have lived in their respective districts for periods well in excess of the six months required by 14 O.S. § 108. & ❖ s|c sii ‡ * “For the reasons above-stated the Court finds that 14 O.S. § 108 which requires that ‘in order to file as a candidate for the House of Representatives in any of the representative districts, the candidate must have been a qualified registered elector in such district for at least six (6) months immediately preceding the filing period prescribed by law’ is a valid statutory enactment of the Legislature of Oklahoma and c”

   1 later decision quote this exact passage · from the majority
   e.g. Triano v. Massion

2. “The fact is irrefutable that the likelihood of harm to the state interest is greater at the candidacy level than at the voter level. The interests of the state to be served by durational residency requirements at each level are not identical. The interests are different in kind. In casting his vote at an election the voter acts for himself alone; a representative ... acts, not for himself individually, but for the constituents of his district and the state.... There is also a difference in the degree of interest of the state. If the voter be not sufficiently informed to cast his vote meaningfully, the voter is primarily the loser. If a representative be not qualified, if he be not conversant with the wishes of his constituents and be not informed on the problems of his district insofar as they relate to matters before legislative assembly for consideration, the district and the state suffer— not he alone.”

   1 later decision quote this exact passage · from the majority
   e.g. 173 W. Va. 526 - White v. Manchin

3. “Participation in the political process and freedom to move from place to place are overriding considerations in the case of the voter. His qualifications are minimal, and he need subject himself to the scrutiny of no one in the performance of his role in selection of public officers. Except in extraordinary cases the percentage of non-durational voters predict-, ably is small. Democracy is flexible enough to stand the strain. The candidate is one of a much narrower group, in this case one of two persons. He must have the special capacities that will enable him to perform the office he seeks, and has possession of those capacities need to be exposed to those who will make the choice. Nonexposure of the narrower group — the candidates — with voters choosing from lack of knowledge, is a much more serious strain on the sinews of democracy.”

   1 later decision quote this exact passage · from the majority
   e.g. 173 W. Va. 526 - White v. Manchin